Can I Be Fired For Being Pregnant?
Need an
Wrongful Termination Lawyer? Was your job
wrongfully terminated? Find a
wrongful termination lawyer to help. What is the Family and Medical Leave Act (FMLA)?
In 1993, the U.S. Department of Labor began administering job protection provisions for eligible public and private employees that allow for “up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons.”
What employers are covered by the
FMLA provisions?
- All public agencies, including local, state, and federal employers
- Local education agencies (schools)
- Private-sector employers who have employed 50 or more employees in 20 or more workweeks during the current or preceding calendar year (including joint employers and successors of covered employers)
The 12 months of employment can be worked inconsecutively, but must be completed within 7 years. There are some exceptions to this rule for those
serving in the military and other extenuating circumstances.
What circumstances allow for job-protected leave entitlement under FMLA?
If an employee meets the requirements for FMLA eligibility and works for a covered employer, that employee is eligible for up to 12 workweeks of unpaid leave during any 12-month period without being terminated for any of the following reasons:
- Birth and care of a newborn child of the employee
- The placement of a son or daughter with the employee from an adoption or foster care agency
- To care for a spouse, son, daughter, or parent with a serious health condition
- To take medical leave when the employee is unable to work because of a serious health condition
- Qualifying exigencies arising out of the employee’s spouse, son, daughter, or parent on active duty or called to active duty status as part of the National Guard or Reserves in support of a contingency operation.
For more information about the requirements and benefits of the Family and Medical Leave Act, visit the
U.S. Department of Labor.
If you believe you may have been wrongfully terminated from your job in violation of the
Family and Medical Leave Act, complete this short survey and get connected to experienced
wrongful termination lawyers in your area who can advise you on your legal options.